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1951 Supreme(Raj) 201

WANCHOO, SHARMA
Hafiz Abdul Rahim – Appellant
Versus
Deputy Custodian – Respondent


Advocates Appeared:
P.N. Dutt, for applicant; R.K. Rastogi, Government Advocate

Wanchoo, C.J.—This is an application by Abdul Rahim under Art. 226 of the Constitution of India for a writ of certiorari or any other writ praying that certain proceedings taken by the Deputy Custodian of Evacuee Property Jaipur, were without jurisdiction and should be quashed along with all proceedings consequent on the proceeding of the Assistant Custodian or any other order or direction which the court considers proper in the circums-tances of the case.

2. The application has been made in the following circumstances:—

There is a house No. 767 situate in Mohalla Bisatiyan, Chaukri Ghat Darwaja, Jaipur City. A report was made to the Assistant Custodian, Jaipur, in April 1950 that this house belonged to one Aja Khan, who had left for Pakistan and had been taken in possession by certain Muslims from Agra without authority. The Assistant Custodian called for a report from the Field Inspector and after perusing that report notice was issued under Rule 5 of the Administration of Evacuee Property Central Rules, 1949, hereinafter called the Rules. Thereafter on the 15th of April 1950 the Assistant Custodian passed an order under sec. 7(1) of the Administration of Evacuee Property Ordinance































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